BOARD01278

• Board Meeting Date: 5/24/2004
• Description: ISF Section - Proposed Case Resolution - Case No. 7-03CW024, Town of Dove Creek
• Board Meetings - Doc Type: Memo

ST ATE OF COLORADO

Colorado Water Conservation Board

Department of Natural Resources
1313 Sherman Street, Room 721
Denver, Colorado 80203
Phone, [phone]
FAX, [phone]
www.cwcb.state.co.us

MEMORANDUM

Bill Owens
Governor

To:

Members, CWCB

Russell George
Executive Director

From: Dan Merriman
Ted Kowalski

Rod Kuharich
CWCB Director

Date: May 14, 2004

Dan McAuliffe
Deputy Director

Re: Consent Agenda Item La, May 24-25, 2004 Board Meeting
Stream and Lake Protection; Proposed Case Resolution
Case No, 7-03CW24; Town of Dove Creek

.

Background
The Board ratified the statement of opposition filed in this case at its July 28-30, 2003 board meeting.
This is an application for a change of water rights on the Dolores River, near the Town of Dove
Creek. The Applicant seeks to point of diversion from an existing well to a new well, located
approximately 500 feet upstream, The Applicant's senior water right is 1.08 cfs, but in the proposed
decree, the Applicant has agreed to limit the diversions at the alternate point of diversion to ,77 cfs,
which amount would be de minimis,

CWCB Appropriations
The Board has appropriated an instream flow water right on the Dolores River. The CWCB water
right on the Dolores River is for 78 cfs year round, and this right could be injured by this application
because the alternate point of diversion is located upstream from the original point of diversion,

.

Proposed Settlement
The Applicant has proposed a settlement of this matter whereby the CWCB would consent to a decree
no less restrictive than a decree that includes a diversion limit at the upstream alternate point of
diversion to ,77 cfs, at times when the CWCB's instream flow water right on the Dolores River is not
being satisfied, This would still be within the de minimis amount available on the Dolores River. This
amount of water will only be applicable to the de minimis database for that portion of the Dolores River
located just upstream of the original point of diversion because downstream of the original point of
diversion, the CWCB would have had to take subject to the senior depletions made by the Town of
Dove Creek. In addition, the Applicant has agreed to use best efforts to augment its depletions with an
upstream augmentation source, if and when such an augmentation source is available to the Town,
There may be an opportunity to purchase augmentation water in McPhee Reservoir, which is located
upstream on the Dolores River.

Colorado Water Conservation Board
Flood Protection. Water Supply Planning and Finance. Stream and Lake Protection
Water Supply Protection. Conservation and Drought Planning